Md. Code Regs. 09.34.05.02

Current through Register Vol. 51, No. 25, December 13, 2024

Section 09.34.05.02 - Definitions

A. In COMAR 09.34.06, COMAR 09.34.07, COMAR 09.34.08, and COMAR 09.34.09, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Advertisement" means the publication, dissemination, or circulation of any oral or written matter, including labeling, which directly or indirectly calls to the attention of the public the goods or services one has to offer.

(2) "Authorizing agent" means an individual legally entitled to order the cremation of human remains or legally authorized to control the final disposition of human remains.

(3) "Board" means the Board of Morticians and Funeral Directors.

(4) Consumer.

(a) "Consumer" means an actual or prospective purchaser of consumer services, consumer goods, or consumer credit.

(b) "Consumer" includes an individual directed by the consumer, or properly acting on behalf of a deceased consumer, to inquire about the cost or purchase of cremation services or cremation related goods, or to act on behalf of the consumer.

(5) "Cremated human remains" means all human remains recovered after completion of cremation and the use of pulverizing equipment.

(6) "Cremation" means the process of reducing human remains to bone fragments through intense heat and evaporation, including any mechanical or thermal process and may include pulverization.

(7) "Cremation container" means a readily combustible, rigid container in which human remains are sent to the crematory and then placed in the cremation chamber for cremation.

(8) "Cremator" means the machinery within which the process of cremation of human remains begins.

(9) "Crematory" means a building, portion or a building, or structure that houses the necessary appliances and facilities for cremation.

(10) "Crematory authority" means a legal entity or sole proprietor that has been issued a permit by the Office of Cemetery Oversight to operate as a crematory and perform cremations.

(11) "Embalming" means the disinfection or preserving of human remains by arterial or cavity injection or any other type of preservation.

(12) "Engage in the operation of a crematory" means controlling or managing a crematory.

(13) "Holding facility" means an area, within or adjacent to a crematory, designed for the retention of human remains before cremation.

(14) "Human remains" means the body of a deceased person, or part of a body or limb that has been removed from a living person.

(15) "Office" means the Office of Cemetery Oversight.

(16) "Permit" means a permit issued by the Office to allow a person to operate a business which engages in the operation of a crematory or to act as a registered crematory operator.

(17) "Permit holder" means the holder of a permit under Business Regulation Article, Title 5, Annotated Code of Maryland, to engage in the operation of a crematory or to act as a registered crematory operator.

(18) "Person" means an individual, receiver, trustee, corporation, limited liability company, or partnership.

(19) "Processed human remains" means the end result of pulverization of cremated human remains, where the residue from the cremation process is cleaned leaving only bone fragments reduced to 5 millimeters or less.

(20) "Registered crematory operator" means an individual registered to operate a crematory as a sole proprietor or on behalf of a sole proprietor or permit holder.

(21) "Responsible party" means a sole proprietor or the individual designated by a corporation, limited liability company, or partnership, which holds a permit to engage in the operation of a crematory, to be responsible for the operations of the crematory.

(22) "Sealable container" means any container in which processed human remains can be placed and sealed so as to prevent leakage of the processed human remains or the entry of any foreign material.

Md. Code Regs. 09.34.05.02

Effective date: 41:6 Md. R. 378, eff.3/31/2014